KOKINDA v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Filing 68

MEMORANDUM ORDER denying 64 First MOTION for Recusal of Cynthia Reed Eddy filed by JASON KOKINDA. Signed by Magistrate Judge Cynthia Reed Eddy on 4/17/2017. (bap)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
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JASON KOKINDA,
Plaintiff,
v.
PENNSYLVANIA DOC, et al.,
Defendants.

Civil Action No. 17-cv-217
United States District Judge
Mark R. Hornak
United States Magistrate Judge
Cynthia Reed Eddy

MEMORANDUM ORDER
Cynthia Reed Eddy, United States Magistrate Judge.
Presently before the Court is the Motion for Recusal and Brief in Support thereof filed by
pro se Plaintiff Jason Kokinda in which he requests the undersigned to disqualify herself because
she “and [District Judge] Mark R. Hornak, are totally lawless; and are completely even ignoring
his filings now and just fabricating the appearance of due process, by holding ex parte
proceedings, where they railroad him and just do whatever they want in conspiracy with
defendants.” (ECF Nos. 64, 65).
At the outset, the Court notes that these documents are substantially similar to his
motions for recusal in his most recently filed civil action in this Court. See 2:17-cv-217, ECF
Nos. 15-16, 19-20, 23-24, 25-26.

In that case, the undersigned has entered multiple

Memorandum Orders denying his motions for recusal and reconsideration. Id., ECF Nos. 18, 27.
Because the explanation set forth in those Orders is applicable to the pending motion for recusal
of the undersigned in this case, the undersigned will, in the interests of judicial economy, repeat
the same analysis below.
Under 28 U.S.C. § 455, a judge is required to recuse herself “in any proceeding in which
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[her] impartiality might reasonably be questioned,” 28 U.S.C. § 455(a), or “[w]here [she] has a
personal bias or prejudice concerning a party.” 28 U.S.C. § 455(b)(1).

The test for recusal

under § 455(a) is an objective one and requires recusal where a “reasonable person, with
knowledge of all the facts, would conclude that the judge's impartiality might reasonably be
questioned.” In re Kensington Int'l Ltd., 368 F.3d 289, 301 (3d Cir. 2004). The bias required
before recusal is warranted under either subsection (a) or (b)(1), “must stem from a source
outside of the official proceedings.” Liteky v. United States, 510 U.S. 540, 554 (1994). See
Selkridge v. United of Omaha Life Ins. Co., 360 F.3d 155, 167 (3d Cir. 2004) (beliefs or opinions
which merit recusal must involve an extrajudicial factor). Moreover, the Court of Appeals for
the Third Circuit has made it clear that “a party's displeasure with legal rulings does not form an
adequate basis for recusal.” Securacomm Consulting, Inc. v. Securacom Inc., 224 F.3d 273, 278
(3d Cir. 2000) (citing In re TMI Litig., 193 F.3d 613, 728 (3d Cir. 1999) and Jones v. Pittsburgh
Nat'l Corp., 899 F.2d 1350, 1356 (3d Cir. 1990); see also Waris v. Heartland Home Healthcare
Services, Inc., 365 F. App’x 402, 406–07 (3d Cir. 2010). Thus, “the court must consider whether
attacks on a judge's impartiality are simply subterfuge to circumvent anticipated adverse
rulings.” Conklin v. Warrington Twp., 476 F.Supp.2d 458, 462–464 (M.D. Pa. 2007) (citing In
re Antar, 71 F.3d 97, 101 (3d Cir. 1995), overruled on other grounds by Smith v. Berg, 247 F.3d
532, 534 (3d Cir. 2001)).
In addition, under 28 U.S.C. § 144 a judge must recuse if a party files a “sufficient
affidavit” establishing that the judge has a personal bias or prejudice against the party seeking
recusal or in favor of the adverse party. Plaintiff failed to file an affidavit as required by section
144. Plaintiff’s unsubstantiated scurrilous allegations utterly fail to meet the criteria as set forth
in the statute. See Watson v. Sec. Pennsylvania Dept. of Corrections, 567 F. App’x 75, 80 (3d

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Cir. 2014).
Here, Plaintiff’s unsupported allegations have no merit. Accordingly, on this 17th day of
April, 2017, it is hereby ORDERED that Plaintiff’s Motion for Recusal (ECF No. 64) is
DENIED.
By the Court:
s/ Cynthia Reed Eddy
Cynthia Reed Eddy
United States Magistrate Judge

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